Section 138 Administration of Criminal Justice Law (ACJL) Lagos

Section 138 Administration of Criminal Justice Law of Lagos State, as amended in 2021, is about Registration of bondsperson and revocation of license. It provides as follows:

(1) The Chief Judge may, by regulation, register and license individuals or corporate bodies or persons to act as Bondsperson within the jurisdiction of the Court in which they are registered.

(2) The regulation referred to in subsection (1) above shall stipulate the qualification for registration and grounds for revocation of license of the bondsperson.

(3) No person shall engage in the business of bail bond services without being duly registered and licensed in accordance with the provisions of subsection (1) of this section.

(4) Any person who engages in bail bond services without registration and license under this Law, or otherwise violates the terms of his license shall be liable to a fine of Five Hundred Thousand Naira (N=500,000.00) or 12 months imprisonment or both.

(5) Such Bondsperson registered under the provision of subsection (1) of this section may undertake recognisance, act as surety, or guarantee the deposit of money as required by the bail condition of any person granted bail by the Court within the jurisdiction in which the Bondsperson is registered.

(6) No person or organisation shall be registered as a Bondsperson unless the person is, or the organisation is composed of persons of unquestionable character and integrity, and must deposit with the Chief Judge sufficient bank guarantee in such amount as may be determined by the Chief Judge in the regulation, which shall be such sum of money as the registered class or limit of the Bondsperson’s
recognisance shall determine.

(7) Every registered Bondsperson shall maintain with a bank or insurance company designated in his licence, such fully paid deposit to the limit of the amount of bonds or recognisances to which his licence permits him to undertake.

(8) Every Bondsperson shall have the powers to arrest any defendant or suspect who is absconding or who he believes is trying to evade or avoid appearances in Court; if he cannot bring the person arrested within twelve (12) hours of the arrest before a Court, he shall hand the person arrested over to the Police who shall produce such person before the appropriate Court.

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